Legal Opinion

Simkus v. Cavalry Portfolio Services, LLC

District Court, N.D. Illinois

Decided January 27, 2014No. 11 C 7425PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MARVIN E. ASPEN, District Judge:

Plaintiff Jonathan Simkus brings a two-count complaint against Defendants Cavalry SPV I, LLC (SPV), and Cavalry Portfolio Services, LLC (CPS) for violations of § 1692e and § 1692f of the Fair Debt Collections Practices Act. 15 U.S.C. § 1692 et seq. (“FDCPA”). Mr. Simkus contends Defendants SPV and CPS (collectively, “Defendants”) unlawfully charged him interest retroactively on a debt SPV purchased from Bank of America (“BOA”) for the purposes of collection. Defendants contend that BOA never waived its right to collect interest, and…

2Cases cited26 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Michael Durkin and Loretta Reed, Individually and on Behalf of All Others Similarly Situated v. Equifax Check Services, Inc., a Delaware CorporationCourt of Appeals for the Seventh Circuit · 2005
  4. Lori Pettit v. Retrieval Masters Creditors Bureau, Inc., and Russell FuchsCourt of Appeals for the Seventh Circuit · 2000
  5. Wahl v. Midland Credit Management, Inc.Court of Appeals for the Seventh Circuit · 2009

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3Cited by10 opinions

  1. Gagnon v. JPMorgan Chase Bank, N.A.District Court, N.D. Illinois · 2017
  2. Cavalry SPV I, LLC v. Watkins, California Court of Appeal, 5th District2019
  3. Washington v. Portfolio Recovery Associates, LLCDistrict Court, N.D. Illinois · 2016
  4. Stratton v. Portfolio Recovery Associates, LLCDistrict Court, E.D. Kentucky · 2016
  5. Abdollahzadeh v. Sequium Asset Solutions, LLCDistrict Court, N.D. Illinois · 2019

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